Miss Barasha Borthakur

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Barasha is a at the Centre for Commercial and Legal Studies, School of Law, Queen Mary University of London, where she is researching on green IP and climate change law as her PhD. Previously, she was a graduate teaching associate for Global IP law in QMUL, visiting lecturer at University of Bedfordshire and mentor for at the School of Climate Change, University of Oxford. She is an active contributor to the development of the as a data collector, with the Blavatnik School (Public Policy), University of Oxford. She has completed her BA, LLB (Hons.) from National Law University and Judicial Academy, Assam (2014-2019), and her LLM from National Law University, Jodhpur (2019-2020). She likes to doodle law comics and attempts cooking different cuisines.

Research

Research groups

Member of:

Centre for Private and Commercial Law

Research interests

Intellectual Property Law
Climate Change Law

Current research

Climate change is the common concern of humankind which should be dealt efficiently through international cooperation. Innovations and transfer of environmentally sound technologies (“ESTs”) are one of the most effective ways to mitigate climate change which have been the prime focus of multiple multilateral agreements and negotiations. The research analyzes the access to such technologies which is vital for all the countries, irrespective of their developmental needs, so as to build a legal regime surrounding technology transfer (“TT”) of ESTs.

It broadly aims to answer the following questions: (i) whether, and, if so, to what extent the TRIPS Agreement offers legal and policy space which can facilitate innovation to enable effective and sustainable TT of ESTs? (ii) whether ESTs can be construed as ‘global public goods’ by employing a law and economics approach to the outlying problems? (iii) whether IPR is being a barrier to the dissemination of the wide variety of strategies required to combat the climate change? (iv) in order to build a ‘green intellectual property’ regime, how IPRs and its alternatives can be employed?

The research also deals with alternatives for enhancing technology transfer by exploring current TRIPS flexibilities, modifying the Agreement, non-IP flexibilities (like, technology pooling through a collective global approach, open innovation, global system to share know-how, initiatives on publicly funded technologies, bilateral or multilateral agreements for South-South solidarity etc.) and other legal and policy choices for the government and private sector.

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